Website T&C’s for www.loweryourscores.com
What some words mean
So that we can be completely clear, here are some words we use which have specific meanings:
“You” means a player who has a LowerYourScores account and who accesses and uses this website and/or The Service (generally this will be you, or if you are a Coach, the player who you are coaching);
“LYS account” means a current subscription to The Service;
“The Service” means our LowerYourScores software which is accessed and used via our password protected websites;
“us” “we” and “our” refers to LowerYourScores.com Limited, a company registered in Scotland with registered number SC434255 and having its registered office at Noah’s Ark Golf Centre, Newhouse Farm, Perth, PH1 1QF;
“your Data” means any data entered or uploaded by you while using The Service.
Creating and accessing a LowerYourScores account
How to apply: In order to access and use The Service, a LowerYourScores account must first be created. You can apply for a LowerYourScores account to be created by submitting your details on our “sign up” page.
Formation of a contract: If we accept an application for the creation of a LowerYourScores account, we will confirm this by email and at that point a legally binding contract will be created between you and us. If you apply for a LowerYourScores account to be created, you must therefore ensure that you are authorised to enter into this contract. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with you.
Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for a LowerYourScores account, these errors can be corrected by accessing The Service and making the necessary changes on the “Account” page.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a LowerYourScores account. This may be due to technical constraints, because you have been banned by us from using The Service or for any other reason. No charge will be made by us for declined applications.
How to access the account: You will not be able to access and use The Service without a username and password for a LowerYourScores account. You will use your email address as your username during sign-up. Once a LowerYourScores account has been created, we will issue you with a password. Once your account is active you can change both the username and password at any time via the “Account” page.
Your rights: We grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions: The above licence is strictly subject to compliance with these Terms of Service by you.
only access a LowerYourScores account by using a password and username which you are authorised to use;
You must not:
do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website generally or which is likely to interfere with any other party’s use or enjoyment of The Service;
question or dispute our ownership of the intellectual property rights in The Service;
Security: You are ultimately responsible for administering and safeguarding any passwords created to control access to your LowerYourScores account: please keep any password issued to you secure.
Paying for The Service
Subscription fee amount: A subscription fee for use of The Service is payable either annually in advance, or monthly in advance, by you. The subscription rates are posted on our website and we may vary these from time to time: please see our Pricing Page for the rates in force for the current month. Prices on our website are quoted in UK pounds Sterling and include VAT. If you change your subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle.
Free trials and beta trials: No charge for use of The Service will be made during any ‘free trial’ period or any ‘beta trial’ period. You are not however entitled to benefit from more than one ‘free trial’ – if we discover that more than one ‘free trial’ has been requested,you will become liable for payment of the subscription fee for all use of The Service made after the first ‘free trial’ period.
Automatic renewal: Once any ‘free trial’ or ‘beta trial’ period is over, we will automatically renew your subscription and bill you every month using the payment details provided to us, until the LowerYourScores account is closed.
Non-payment: We shall be under no obligation to provide The Service if the subscription fee is not paid to us on time. You must ensure that we have complete and accurate billing and contact information throughout the subscription period, including your full name and a billing contact email address. If subscription fees become overdue, because for example your credit card has expired, we reserve the right to suspend your access to The Service until the balance is paid and we may close your LowerYourScores account permanently.
Our VAT number is: 153 1462 35
Authorised Resellers : If you have purchased access to the Service from one of our authorised resellers then, unless otherwise notified to you by us or our reseller:
your subscription fee will be based on the reseller’s subscription rates as varied from time to time; and
shall be payable directly to the reseller.
These Terms of Service apply, subject to such changes as are necessary to reflect the above, to all access of The Service via a reseller and we reserve the right to take the actions specified under “Non-payment” above in the event of non-payment to a reseller.
You may also be required to accept terms and conditions by the reseller in order to purchase the Service from them, in which case:
your subscription fee will be based on the reseller’s subscription rates as varied from time to time;
you must adhere fully to the reseller’s terms and conditions relating to your use of the Service in addition to these Terms of Service; and
breach by you of the reseller’s terms shall be deemed a breach of these Terms of Service.
Who owns what
Rights in your data: You have sole responsibility for the accuracy and reliability of your data.
Rights in our software and our website: All copyright, database rights, trade marks and other intellectual property rights in The Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you.
Third party features: All copyright, database rights, trade marks and other intellectual property rights in any external data sources or embedded third party services used in LowerYourScores are the intellectual property of the relevant third party provider. The following terms referred to in The Service are registered trade marks of the third parties stated below:
“PayPal”: Paypal Inc
Closing a LowerYourScores account
Cancellation by you: You can close your LowerYourScores account at any time by sending a Cancellation Request email to us at email@example.com. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
Suspension and closure by us: If you fail to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel your LowerYourScores account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any LowerYourScores account (including during any ‘free trial’ or ‘beta trial’ period) for any reason, by giving one months notice.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires you to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which you have paid to us in the previous month.
Liability to us: You shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
General legal matters
By agreeing to these terms and conditions you agree, if you use the relevant features, to be bound by the terms and conditions listed above (and as subsequently amended from time to time) and any other third party terms subsequently accepted by you while using The Service (“third party terms”). Any breach by you of the third party terms shall, without limiting any other remedy available to the third party provider, be deemed to be a breach of these Terms of Service.
Changes to this contract: We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective from your next monthly subscription. Therefore you should regularly review this page to check for changes to these Terms of Service. Your continued use of The Service will be deemed to constitute acceptance by you of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. You may not transfer any of your rights or obligations under these Terms of Service without our written consent.Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to The Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.